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Introduction to Refugees and Their Types

A refugee is someone forced to leave their home country due to a well-founded fear of persecution or harm. This persecution may stem from reasons such as race, religion, nationality, political opinion, or membership in a specific social group. Recognized under international law, refugees are people who cannot return safely to their country of origin and seek protection in a different nation. The 1951 United Nations Refugee Convention, along with its 1967 Protocol, defines the rights of refugees and the obligations of the countries that offer them asylum.

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Convention Refugees: These are individuals who meet the definition outlined in the 1951 UN Refugee Convention. They have fled their country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a specific social group. Canada uses this definition to assess eligibility.

Persons in Need of Protection: In Australia, a person who may not strictly meet the criteria of a “refugee” but still faces severe risks upon return to their home country (e.g., torture, risk to life) may qualify as a person in need of protection.

Internally Displaced Persons (IDPs): Unlike refugees, IDPs have not crossed an international border but are forced to flee their homes due to conflict, persecution, or natural disaster. They remain under the jurisdiction of their country, lacking the same international protections as refugees.

Types of Refugee's In Australia

Who is eligible

To qualify as a refugee in Australia, applicants must prove they face a well-founded fear of persecution in their home country due to:
 

  • Race, religion, nationality, political opinion, or membership in a particular social group (e.g., gender or sexual orientation).
     

Applications can be made:
 

  • Offshore: Through Australia’s Humanitarian Program if applying from outside the country, typically through UNHCR referral.
     

  • Onshore: Asylum claims can be made at the point of arrival (e.g., airports) or from within Australia if the applicant is already in the country.
     

Some restrictions apply based on prior asylum applications in other countries, previous visa status in Australia, or criminal convictions.

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Time to get decision

Processing times for refugee claims vary due to demand and complexity, with the following general timeframes:
 

  • Primary Decision: Typically between 12 and 24 months for onshore asylum claims, depending on case specifics.
     

  • Offshore Humanitarian Visas: These are often longer, with processing times of up to 3 years due to higher demand.
     

Cases with complex circumstances or security concerns may face further delays.

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Cost

Australia does not charge government fees for humanitarian or onshore protection visas. However, legal and consultancy fees may apply. Pathvisas assists by connecting clients with reputable legal professionals who provide transparent, fair rates.

After a protection visa is granted, refugees typically receive a 5-year temporary protection or safe haven visa. After completing this period, they may apply for a permanent protection visa or other residency pathways.

In Case of Approval

  • Refugees should avoid travel to their country of origin, as this may impact their refugee status and future applications for permanent residency or citizenship.
     

  • Those holding temporary visas may face restrictions on international travel and cannot access certain social services available to citizens and permanent residents.

Restrictions

Benifits

While awaiting a decision, refugee claimants in Australia may have access to various benefits:
 

  • Financial Support: The Status Resolution Support Services (SRSS) program offers basic financial assistance, though this is limited.
     

  • Healthcare: Asylum seekers have access to Medicare, Australia’s public healthcare system.
     

  • Work Rights: Some claimants are eligible for work rights, especially if delays extend processing times.
     

  • Education: Children of asylum seekers are eligible to attend public schools, while adults may access community-based English language programs.
     

Upon approval, refugees receive additional rights similar to those of Australian residents, including expanded healthcare access, education opportunities, and work authorization.

How Pathvisas Can Help

Pathvisas provides end-to-end support for Australia’s refugee claim process, including:
 

  • Eligibility Assessment: Evaluating each applicant’s eligibility based on Australian immigration laws and policies.
     

  • Document Preparation: Assisting with documentation, translation, and evidence gathering for the initial submission and interviews.
     

  • Legal Support: Connecting clients with experienced immigration lawyers who can represent them during hearings and appeals.
     

  • Post-Decision Guidance: Offering support in the event of a denial, including assistance with appeals and guidance on judicial reviews.
     

With expert knowledge of Australian immigration policy, Pathvisas ensures that clients receive the highest level of support, increasing their chances of a positive outcome.

Decision

Approval:

  • Approved applicants receive a temporary or permanent protection visa, granting them residency, work rights, and access to Australia’s healthcare system.
     

Refusal:

  • In the case of refusal, applicants can:
     

    • Appeal to the Administrative Appeals Tribunal (AAT) within 28 days of the decision.
       

    • Judicial Review: Apply for a judicial review if procedural errors are believed to have affected the decision.
       

If no new grounds arise, unsuccessful applicants may face removal from Australia.

In Case of Refusal

  • If a protection visa application is refused, claimants have options to pursue further reviews and appeals:
     

  • Administrative Appeals Tribunal (AAT): Unsuccessful applicants can file an appeal with the AAT, which will review the case based on the information provided and may consider new evidence.
     

  • Federal Circuit Court Review: If the AAT appeal is unsuccessful, claimants may apply to the Federal Circuit Court to review the decision’s legality.
     

  • Ministerial Intervention: In exceptional cases, applicants may request intervention by the Minister for Home Affairs, who has discretionary power to grant a visa if it is in the public interest.

Step 1: Application and Document Submission (1-2 weeks)

  • Claimants submit an initial protection visa application, detailing grounds for asylum with supporting documents.

  • The Department of Home Affairs conducts background checks, security screenings, and eligibility assessments.

  • Approval: Successful applicants are granted a protection visa, allowing them to stay in Australia.
     

  • Refusal: Denied claimants may appeal to the Administrative Appeals Tribunal (AAT) or apply for judicial review.

Step 2: Initial Assessment (1-3 months)
Step 4: Decision
Step 3: Protection Interview (6-12 months)

Claimants may attend a protection interview, providing evidence and context to substantiate their claim.

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